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Overcrowding prisons .. shoo? Brief thoughts

Continuing on the theme " prison overcrowding," I wanted to analyze the position of Minister Alfano about:

My idea is' to obtain the transfer of detainees to their countries of origin and the development of a European plan for the prisons, including through the use of EU funds

We see one at a time the two possible solutions.




transfer of detainees to their countries of origin


I think the solution to the limit unconstitutional, for at least two reasons.


First, because Italy, as a civilized country and signer of the Declaration of Rights 'man, has the legal duty (and I would say moral, if we do not want to dwell on the formalism) not to expel an alien, knowing that, now in their country of origin, suffer inhuman and degrading to their dignity. ;
Let's practical example: the author of a recidivist theft, an Egyptian, was deported to Egypt. What will be the direct result to this point? Under Italian law must serve a prison term, according to the Islamic ( hudud , limits for which the Koran provides for a punishment), the theft will be punished with the edge of one foot (the left hand has been cut already the first time, because the recidivist thief, unless specific exceptions). The thief will then serve the sentence or Italian Islam? If the Italian was affected, it is right that there are two weights and two measures of the same country among thieves? If discounts Islam, may our right to allow a penalty against human rights?


Second, for reasons of legal certainty . I think it highly unlikely that a sentence be served in several countries with the same guarantees of our legal culture.
Let's practical example: the author of a rape, an Egyptian, is returned to Egypt. According to Islamic law the burden of proof lies with the victim, who needs four witnesses to men. Why, then Egypt should incorporate a sentence in Italian which were not adopted the proposed measures to guarantee the rapist? From here, to think that crime will not pass unpunished lot ..


Elaboration of a European plan for prisons, including through the use of union funds


On the question of the European Parliament has always considered the overcrowding of prisons is a problem of national law, a choice that I find acceptable. Except that the exceptional situation lays the foundation for special measures, notwithstanding the shared competence between the EU and the States Parties, so that also reports to Parliament.
Thursday 26, n el framework approval of the " Stockholm Programme 2010-2014 for a European area of \u200b\u200bfreedom ', security and justice " the European Parliament has adopted a resolution that paves the way for the financing of new prisons, by the European Union, in those countries where overcrowding and 'due largely to the massive presence of foreign detainees.


I find this as a more sensible, and expulsion, that pardon or amnesty (see previous post)